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In addition, removal of trees in excess of twenty (20) per cent may be permitted by the Board of Adjustment
<br /> as a special exception. In passing on a special exception permit, the Board of Adjustment shall, in so far
<br /> as practicable, protect scenic beauty, control erosion and reduce effluent and nutrient flow from the shore-
<br /> land.
<br /> (g) Filling and grading which would result in substantial detriment to navigable waters by reason of erosion,
<br /> sedimentation, or impairment of fish or aquatic life is prohibited. A special exception permit from the
<br /> Board of Adjustment shall be required in addition to permits required by state agencies under the Statutes
<br /> for any filling or grading of the bed of a navigable body of water, or for any filling or grading, of any
<br /> area which is within three hundred (300) feet of a navigable body of water and which has surface drainage
<br /> toward the water and on which there is filling or grading of more than 1,000 square feet of area. In passing
<br /> on a special exception permit, the Board of Adjustment shall evaluate the effect of the proposal on possible
<br /> water pollution including erosion and sedimentation, maintenance of safe and healthful conditions. This
<br /> provision shall not apply to soil conservation practices such as terraces, run-off diversions, grassed
<br /> waterways constructed for sediment retardation.
<br /> (h) Construction of lagoons connected to a navigable body of water for the purpose of private development
<br /> shall be prohibited. A special exception permit shall be required before construction or dredging any other
<br /> artificial waterway, canal, ditch, lagoon pond, lake or similar waterway which is within three hundred
<br /> (300) feet of a navigable body of water. In passing on a special exception permit, the Board of Adjustment
<br /> shall evaluate the effect of the proposal on erosion and sedimentation both during construction and there-
<br /> after, water quality, stream flow, fish life, acquatic plants, and flooding, and evaluate the measures
<br /> proposed to prevent harmful changes.
<br /> Section 7, Section IX of the ordinance of July 20, 1938, the title to which is recited in the title to this
<br /> ordinance, is hereby renumbered to be Section 10.17, and as so renumbered is amended to read:
<br /> 110.17 SETBACK REGULATIONS 1
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<br /> For the purpose of determining the distance buildings and other structures shall be set back from streets
<br /> and highways, the streets and highways in Dane County are divided into the following classes:
<br /> (1) CLASS A HIGHWAYS
<br /> (a) All state and federal highways are hereby classified Class A highways; also County Trunk S from the
<br /> west city limits of the City of Madison to its intersection with the Beltline Highway. The provisions of
<br /> subsection (b) hereof shall apply whenever a right-of-way map for a new state of federal highway, or a right-
<br /> of-way map and relocation order for the relocation or widening of an existing state or federal highway shall
<br /> have been filed with the county board and the county highway department by the state highway commission.
<br /> (b) The setback line for a Class A highway shall be one hundred (100) feet from the center line of the
<br /> highway or forty-two (42) feet from the right-of-way line, whichever is greater.
<br /> (c) Service roads to Class A highways distant one hundred (100) feet from the center line of said highways
<br /> shall be considered Class C,D or E highways for the purpose of determining the setback along said service
<br /> roads.
<br /> (2) CLASS B HIGHWAYS
<br /> (a) All county trunks except as otherwise herein provided, are hereby designated Class B highways. For
<br /> the purpose of this ordinance any road will be considered as a county trunk after it has been placed on the
<br /> county trunk system by the county board and approved by the state highway commission.
<br /> (b) The setback fro Class B highways shall be seventy-five (75) feet from the center line of such highway
<br /> or forty-two (42) feet from the right-of-way line, whichever is greater.
<br /> (3) CLASS C HIGHWAYS
<br /> (a) All town roads not included within the boundaries of a recorded subdivision or plat, are hereby designated
<br /> Class C highways.
<br /> (b) For all Class C highways setback lines are hereby established, parallel to and distant sixty-three (63)
<br /> feet from the center line of such highway or thirty (30) feet from the right-of-way line, whichever is
<br /> greater; provided, however, that in the case of a service road, contiguous to the right-of-way of a main
<br /> highway, where buildings can be built on only one side of such service road, the minimum setback shall be
<br /> thirty (30) feet, regardless of the width of such service road; and provided further, that if such service
<br /> road shall be a street in a platted subdivision, then the setback provisions governing such platted street
<br /> shall apply.
<br /> (4) CLASS D HIGHWAYS
<br /> (a) Roads and streets in subdivisions platted prior to the adoption of this ordinance, except those desig-
<br /> nated Class A or Class B highways, are hereby designated as Class D highways.
<br /> (b) For all Class D highways setback lines are hereby established, parallel to and distant twnety (20)
<br /> feet from the right-of-way line or front lot line.
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